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(영문) 의정부지방법원 2014.04.14 2013고정1435

명예훼손

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On 2008, the Defendant stated that “E runs away a large amount of vision when intending to act as the tenant representative in F apartment in the F apartment. The F Women’s president is the mother of E and fembling each other.”

2. Around August 2008, the Defendant stated, “Around the above C Apartment Management Office, G said G that “I am a son with a son’s president who was standing the f apartment as the f apartment president, and am a son’s president and flusium flusium flusium flusium.”

3. On September 2009, the Defendant stated that “E was released from F to drinking residents while acting as the representative of the Dong, and escaped from C apartment, and E was a son of F apartment and the mother was working as the president of F apartment.”

4. Around June 2012, the Defendant stated that “E was driven by a large amount of monetary corruption when intending to represent the occupants in a F apartment,” at the above C Apartment management office, the Defendant said that “E was driven by a large number of members of the tenant representatives in the F apartment.”

Accordingly, the defendant damaged the reputation of the victim E by openly pointing out false facts.

Summary of Evidence

1. Each legal statement of witness E, I, J, G, and D;

1. Recording records;

1. K's certificate;

1. Application of Acts and subordinate statutes on construction contracts, tax invoices and estimates;

1. Article 307 (2) of the Criminal Act and Article 307 (2) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The amount of fine as above shall be determined by comprehensively taking into account the following factors: (a) the Defendant’s motive for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the means and consequence of the instant crime; (c) the circumstances after the crime; (d) the Defendant’s age; and

It is so decided as per Disposition for the above reasons.